Practice Areas & Industries: Bracewell & Giuliani LLP

Practice/Industry Group Overview

Problem prevention is at the core of Bracewell’s labor and employment law practice.  Our employer counseling, policy development, and in-house training are designed to minimize exposure to employee complaints, governmental agency actions, and union-related disputes.

Services Available

Our lawyers conduct dozens of presentations each year to corporate and professional groups.  We often speak on-site at our clients’ facilities, offering guidance tailored to the unique requirements of each company’s environment and culture.  These presentations are supplemented by frequent and timely email bulletins and other updates that review the topics covered and provide information on emerging developments.  Our attorneys speak on:

• Equal Employment Opportunity and Affirmative Action compliance
• Family Medical Leave Act compliance
• Internal Workplace Investigations
• Labor relations and unions
• Sexual harassment investigations and remedies
• The effects of technology on employee privacy.

HIPAA

Bracewell helps clients address the sweeping changes brought on by enactment of the Health Insurance Portability and Accountability Act (HIPAA).  Our attorneys provide comprehensive guidance regarding the privacy, portability, electronic transmission and security of protected health information.  We represent health care providers, medical software and services companies, health care clearinghouses and employers with group health plans on:

• Written policies and procedures that incorporate and implement safeguards to preserve health record integrity, confidentiality and availability
• Individual consent and authorization forms
• Standard forms to grant or deny requests for restrictions on the access, use, disclosure or amendment of PHI
• Procedures for giving notice of information practices and handling complaints under the Privacy Regulations.

HIPAA-related infractions carry significant civil and criminal penalties.  Many states have enacted statutes that impose even greater penalties for noncompliance than the federal law.  Our informed guidance on the coding, storage, retention and communication of electronic health and benefit information can be crucial in helping clients to avoid costly legal sanctions.

Likewise, our extensive ERISA experience helps clients comply with laws that govern pre-existing conditions, certificates of creditable coverage, special enrollment periods and non-discrimination requirements.  We advise employers, insurers, third-party administrators and information technology providers on the development of adequate safeguards for protected health information.

We examine current client practices, create clearly defined guidelines for managing the use and disclosure of protected health information, and provide rapid, effective counsel in case of privacy breaches, both deliberate and accidental.  We develop communications for health plan participants, helping improve employee and employer understand their rights and responsibilities under the law.